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01-2460 Graham v. Lappin

By: dmc-admin//July 16, 2001//

01-2460 Graham v. Lappin

By: dmc-admin//July 16, 2001//

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“Plaintiffs have standing, for they allege both a concrete injury to themselves and the possibility that the relief they seek will redress that injury. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Moreover, a district court is entitled under Fed. R. Civ. P. 27, 28(a), and 30(a) to issue ancillary orders that may be essential for obtaining evidence in pending litigation. But they have not established any claim on the merits. No rule of federal law precludes the government from carrying out judgments entered in criminal cases just because those judgments may have adverse effects on third parties. The child of a bank robber cannot obtain an injunction against his parent’s incarceration, even though imprisonment imposes genuine losses on family members. Nor could the bank robber’s creditors block his imprisonment on the theory that inmates can’t earn the money needed to repay the debt.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Tinder, J., Easterbrook, J.

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